TaxTMI 
TaxTMI 
2026 (3) TMI 1387
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....tion Type : GTM - 2N190 with Standard Accessories", declaring the unit price at USD4000 (CF) and the total invoice value at 80000 USD (CF) as per invoice No.02/BSTM/X2015 dated 07.10.2015 of their supplier M/s.PT Bandung Sakura Textile Mills, Indonesia. The subject machineries have been manufactured in Belgium during 1993 and imported from Indonesia in used condition. The importer was not able to produce any Certificate issued by an independent Chartered Engineer or any equivalent in the country of supply with details like price of new machinery if purchased now, present condition of machinery, nature of reconditioning of repairs carried out, if any, and the cost including the dismantling cost, if any thereof and expected life span. The dec....
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....s of para-8 of the Board Circular No.4/2008-Cus. dt. 12.02.2008 the valuation of second-hand machinery based on the Lord Port Chartered Engineer's certificate if available, to be accepted and only the absence of the same, a local Chartered Engineer's certificate is to be accepted. In this instant case, the Load Port Chartered Engineer's certificate has been obtained on 28.09.2015 based on which the valuation of the second-hand machinery has been determined by them. 3.1 She would refer to Section 14 of the Customs Act, 1962, to submit that the value of the imported goods shall be the transaction value of such goods i.e. the price actually paid or payable for the goods when sold for export to India for delivery at the time and place of imp....
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....10.2015 and the date of Bill of Lading was 11.10.2015 i.e. prior to issuance of circular dt. 15.10.2015, and hence rejection of Load Port Chartered Engineer's certificate is not correct. 3.4 Ld. Advocate placed reliance on the following orders / decisions : (i) Motor Industries Co. Ltd. vs CC 2009 (244) ELT 4 (SC) (ii) Bangalore Bench of Tribunal's Final Order dt. 27.06.2024 in the case of Saash Enterprises Vs CC Cochin reported in MANU/CB/0141/2024. She would thus pray for setting aside the impugned order and for allowing the Appeal. 4. Ld. Departmental Representative supported the findings in the orders of lower authorities. 5. Heard the rival contentions and perused the documents placed on record. We have al....
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....he above extent, we find that there is no dispute between the Chartered Engineer certificates of Load Port as well as local Chartered Engineer. Further, the only specific item not mentioned in the Load Port Certificate is the year of manufacture. But there is specific mention of the original value of the machinery, which is absent in the report of the Chartered Engineer. This apart, we do not find any good reason even by the Original Authority or even the Commissioner (Appeals) as to the rejection of Load Port Chartered Engineer's certificate and the non-mentioning of year of manufacture alone has been treated as fatal. Even the Board's circular dt. 12.02.2008 mentioned the guidelines at para-8 about the contents of Load Port Chartered Engi....